>> good morning to you. i am ainsley earhardt. >> i am heather nauert. i hope you are off to a great day. it is wednesday january the 23rd. thank you so much for watching "fox & friends first". it is time for the top 5@5:00. overnight we are learn will police in texas charged 22-year-old carlton barry in a shooting at lone star college. this was the frightening scene yesterday as two men got into an argument. one pulled out a gun and started firing. he shot the guy he was fighting

with and shot a maintenance worker accidentally shooting himself. >> i have seen him open his backpack, and walked up. i seen it until he walked up and i heard shots. >> all three men are in the hospital this morning. >> the top u.s. commander in afghanistan cleared of any wrong doing in the david petraeus e-mail case. e-mails between john allen and socialite jill kelly were racy and flirtatious. allen has been completely exonerated. they were found as the fbi found harassing e-mails sent to kelly by kelly broadwell. petraeus resigned as kcia director over the affair with broadwell. one of al qaeda's top leaders has been killed. he died after suffering injuries from a u.s. air strike last month. this is the third time he has been reported dead since the

year 2010. he is expected to be responsible for a deadly bombing in yemen back in 2009. yemeni government old testament officials haven't confirmed his death. >> the republican controlled house expected to vote on a bill to temporarily raise the nation's borrowing limit through may 18th. the current limit $16.4 trillion. without raising it the u.s. falls on its obligation the first time ever. it is expected to pass. the new budget no pay provision. it would withhold pay if they fail to pass a budget t. has been four years since the democratically controlled senate passed one. >> dramatic video capturing a helicopter as it crash lands in into the middle of a neighborhood. >> hey, chris, call 911.

>> i'll say call 911. this happened in mesa, arizona. the pilot was shaken up but amazingly walks away completely unharmed. he manage to do avoid hitting any wires or homes and skimmed the side of a fire hydrant. the faa is now investigating. the aircraft may have had some sort of power failure. that is your 5@5:00. have you frozen your fingers off yet? the takeover the midwest and northeast. >> the coldest place was in minnesota 36 degrees below zero there. those temperatures are blamed on at least four deaths. let's check in with maria molina to see if there is any relief in sight. a big region of the country really cold today. >> very cold temperatures dangerously cold with frostbite and hypothermia being concerns.

we have windchill warnings in effect in those areas. otherwise take a look at the windchill temperatures. still cold out there 17 below zero in mine not north dakota. 7 below zero in international falls. it feels like 1 degree below. you say it's january it's supposed to be cold. these are colder than usual. sipping el digits on average mid 20s, 24 degrees. chicago 25 degrees for the high today on average 31 degrees. and in new york city high temperatures today 21 degrees. the average is at about 38 degrees. the cold air is here to stay through at least the weekend for many of us. 3 day forecast new york city still in the 20s through friday. chicago the same goes for you on friday. minneapolis a bit of a warm-up

by thursday and fridayment fridge i had when you factor in the winds. bad news if you live in the northeast we are talking about snow. bad news if you don't like the snow. cold air settling the stage for the next storm system bringing in 3-8 inches of snow across places of pennsylvania and parts of the i 95 corridor. >> 16 below in mine not north dakota. >> i wonder how they survive. that's amazing. >> what did the obama administration know and when? in a few hours hillary clinton will finally testify about the terrorist attack in benghazi. doug mckel way is live with more. >> good morning guys. today's hearing before the senate foreign relations committee and house foreign affairs committee is the first time we have had to hear in-depth from the security rainfall i state on the debacle she took responsibility for in the days following the attack.

ambassador steven's body was missing for 11 hours. assets were alerted but never utilized. the state department accountability review board concluded last month quoting there was not enough time for armed u.s. military assets to have made a difference. that is not what congressman jason jay fits was told from the commander when they travelled to libya after the attack. >> he told me he had proximity and capability but he was not cold to go fight for those people and save those people when the firefight was going on. also why didn't investigators interview more eyewitnesss. two eyewitnesss who participated in the event that night in benghazi were not offered up by senior leaders for the cia or state department. >> state department plies injured should be interviewed and talked to by members of

congress. so far that has not happened. >> fox news learned marines were asked by state department officials to change out of their marine uniforms before heading into libya. that delayed them by 90 minutes. then there's the decision by secretary of state and under secretary of management mat trick kennedy not to send a foreign emergency support team which is the state department on call short notice team poised to respond. the hearing gets underway by 9:00 a.m. we will most definitely be there. >> we will be watching. you will be interviewing someone from the former defense department ply about that. >> all right. time for look whose talking. this morning it's bill o'reilly. he's giving more reaction to the president's inauguration speech. what it means to this country bill is staying this isn't the president's fault, it is ours.

listen to this. >> no longer does the president seek to portray himself. he is out of the closet liberal. many should realize the left wing ideology long before the address. the problem we have is not president obama. the problem is us we the people have to decide whether we want a market based economy or allow the federal government to control commerce including healthcare and liiving expenses. the president believes in equality. that's nice. equality would be great. if there is a heaven i assume we will see it there. but on earth equality is impossible. you cannot equate an american who holds a ph.d. with a high school dropout. the two will never be equal in the marketplace. therefore the president seems to want to change the marketplace putting the federal government in charge of who gets what even in the private sector.

yesterday he confidently stated that his so-called progressive view will bring the nation prosperity. what about you it has not and will not. in fact if america continues down the big spending road this country could well go bankrupt. >> o'reilly says the struggles we are facing as the country were not between republicans and democrat but between us and whether or not we need freedom. >> there is good news for one of america's biggest industries but it might be bad for our wallet. lauren simonetti has all of the details. >> if you are thinking about planning a vacation, good for you. but get ready for hotel sticker shock. you may have already noticed the average hotel room rate rising to $106. it's up because more people are traveling. a record number of rooms were booked more than a billion.

hotel rooms are expected to last. >> nashville, phoenix new orleans are the biggest. >> all over the map. >> those are some of the top markets. a lot of people are saying when they log in to facebook they get a little depressed. why is this? >> german researches found spending time on facebook looking through vacations love lives et cetera can cause envy and trigger feelings of misery and loneliness. users became agitated conting the number of facebook wishes and comparing. 1 in 3 people felt worse after visiting facebook. those who browse but did not post themselves they were affected the most. in fact more likely not to use

facebook. that's not good for the social network. >> we were talking that. some of the girls say they relate to this. they doe go on-line seeing everybody having fun. >> it's a bragging page. nobody posts things when they aren't good. it's all about look at me look at what i did. sometimes my friends will post pictures and they make it seem like their night was so good when i was there we did not have fun. you look at the picture we are so cool. thanks so much, lauren. it is 11 minutes after the hour. the keystone pipeline is getting the green light in one state. the president may be forced to make a move. plus did she or didn't she? that's what everybody wants to know about the national anthem performance at the inauguration. take a look at the gasoline prices. about dollars and $0.32 up a penny from yesterday. [ male announcer ] with over 50 delicious choices

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>> good morning. it is quarter past the hour. here's a look at what you missed while you were sleeping. 170 firefighters battle a massive warehouse fire in chicago. that fewer so intense a neighboring built collapsed. >> an alaskan pilot makes a landing the co pilot was later taken to the hospital for an evaluation after he fainted. your move mr. president. nebraska's republican governor approving a new route for the keystone pipeline. he is urging the obama

administration to follow suit. good morning molly. >> the state of february fen had studied an alternative route for the oil pipeline has found it can avoid environmentally sensitive area in the sand dunes in nebraska. they rebuilding the pipeline from canada to texas that would carry oil across the state. the state department would have to approve it. the governor says the alternative group would come close to an aquifer that said any spills would be localized and he would be responsible for the clean up. the pipeline would create $418 for benefits and 16.5 million in

state tax revenue. the first proposal for the keystone pipeline the white house says it's waiting on an assessment on an alternative route. >> the state department is conducting its assessment as appropriate and as has been standard over the years on behalf of the federal government. i don't want to get ahead of that process. when the state department as something to move fore wad on we will obviously address that issue when it does. the state department says the federal review process will continue at least through march. >> thank you, molly. >> here's what we would like to brew on today. did beyonce or not lip sync the national anthem?

>> sounds great, right? beyonce is under fire after conflicting reports from the u.s. marine corps band. at first a spokesperson for the band revealed she decide to do record a prerecorded track the last minute but hours later backed off the claim. we haven't heard from beyonce. did she or didn't she? do we really care? send your comments to us at fox friends first or shoot us an e-mail at foxnews.cfox news dat. secretary of state hillary clinton will be testifying on the benghazi terror attack. what questions should she be answering today? former pentagon spokesman weighs in on that. >> are you getting what you paid for at the grocery store? some of the food labels are faking it. we will talk about that. with the spark cash card from capital one,

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>> good morning to you and your family. it is 22 after the top of the hour. here are quick headlines for you. fake ingredients are used in products such as olive oil, tea, coffee, honey, fruit juice and even seafood. some tea bags may be diluted with fillers such as lawn leaves. dancers may be kept alive in road island. hannah gallo would keep that tradition alive as long as the schools would allow boys to hold

other tack tivities. a father daughter dance was canceled because of complaints about gender discrimination. heather over to you. >> thank you so much. we have an important issue going on today. hours from now secretary of state hillary clinton are testify before congress about the terror attack that killed four americans. will her testimony put to rest about what happened. thank you so much for coming up. we know that the state department was asked for more security on the ground. christopher stevens issued a table not too long ago saying the libyans would not up security. the state department turned down requests for security. is that the question today? >> i think secretary of state

clinton needs to come clean and tell them combr why we didn't have more in libya. the leadership of the state department refused to supply top security. >> they blamed it on money before. doesn't seem to be a valid excuse. >> money shouldn't have been an excuse for that. when secretary clinton got the 112 clinton jersey when she recovered from the illness and the football helmet. 112 is the number of countries she visited. is it so great? when she was -- >> not doing the basics. ideal don't you listen to people on the ground who are concerned about their lives. state department failed to do that. is this going to get answered today? >> i think it will get answered to some extent. some of them have resigned and been disciplined. she has never said it directly to congress.

it is about time she is doing it. i hope they really ask her the tough questions. this is going to be about 2016 also because she is one of the top candidates for president in 2016. she could either help move on or she could have a susan rice sunday show moment and not. >> they have 4 deaths to account for and that has not been answered. t the dissatisfaction of many americans. >> the investigation is going slowly we haven't apprehended the people behind it and i am concerned about that as well. >> finally there was a report that was issued worried she is just going to go back to the report and site all of the things from the report and not really get new information out of this. >> i hope she is able to layout a plan about what the state department is doing from now on in benghazi. we are vulnerable through out the middle east. it was supposed to be good in many people's minds but it hasn't for us as far as democracy and we have people like the muslim brotherhood and islamists taking over these countries and our posts are not

as secure. >> maroon detachments will be set to some across the world. maybe things will look wettbett for our folks. >> hope so. >> thank you for coming on in. it is 25 minutes after the hour. coming up it is the video that is going viral. look at this. >> i went to work for my country and worked for your ability to have the first amendment for you to say what you said up there today. a veteran defending the 2nd amendment saying what if we lost our freedom of speech. >> what everybody is talking about stars kate upton t. has a surprise ending.

>> good morning. welcome back to "fox & friends first". it's time for your 5@5:30. the top five stories making news at this hour. one of our gravest heros giving a passionnal talk about the second mainedment it is one of

our inalienable rights americans protect. >> i went to war for my country and wint to war for your ability to have the first amendment to say what you said up there today write what you want to write and have whatever opinion you want to have. >> many supporters of the second amendment concerned about president obama's gun control plan. >> go for the throat. that's how the political director says president obama should handle dealings with republicans. he wrote the article for a left leaning magazine. after coming under fire he is speaking out. it was an analysis and not advice for the president. he quoted a conservative friend, barack obama should inspire us conservatives to be better and not be whierns. >> israeli prime minister netanyahu narrowly winning reelection. his conservative party and main opposition tied for 60 seats t

each in particliliament. netanyahu will have to build a broad coalition on the party and make concessions for peace talks. >> a 2-year-old in survived two brushes with death. an suv serves out of control clipping an oncoming truck. that little girl thrown out of the back window on impact. she is crawling in the middle of the road as an oncoming truck narrowly misses her. the dad rushes to safety. she has only cuts and bruises. >> they come together to help this world war ii veteran. yesterday we told you the story about the 93-year-old albert wood. he came home from the doctor's appointment to find his house vandalized. after hearing the story donations poured in from all over the country. volunteers started showing up at his house to help fix it. >> i don't know what to say. it's incredible.

>> people have been so kind and so good to me that i am just amazed it. >> the vandals used spray paint pray painted all over his house. getting new carpet furniture and a generator to keep the power going. >> that's what we do as americans we help them out. >> going down to washington now all eyes on capitol hill today. less than four-hours from now secretary of state hillary clinton will go in the hot seat to testify about the terror attack in benghazi, libya. peter doocy has a preview. that starts at 9:00 a.m. right? >> secretary of state starts at 3 information hours with testimony in front of the senate foreign relations committee. at 2:00 she heads over to the house side and talk to the foreign affairs committee there. many lawmakers waited more than

4 months to hear from secretary clinton. we have a good idea about where their heads are at right now. >> we need to focus on the attacks in benghazi what she knew when she knew it what happened before leading up to where the security was gone how we are going to find jutis. >> he means for the families of the u.s. ambassador for stevens computer specialist shawn smith and glen daughterty who were all killed when he was bombarded after attacks on september 11th. specific things include why ambassador steven's body was missing for more than 11 hours

and why assets were ner deployed. secretary of state clinton is in the office for two weeks. state department officials say she has been studying for today's testimony. shy he had a chance to talk the people working on this had time to get caught up and push it forward herself. >> today's testimony about benghazi will be one of secretary of state clinton's final act as secretary of state since her potential successor john kerry begins his confirmation hearing tomorrow. peter doocy thank you so much. >> now time for look whose talking. the republican controlled house will vote on raising the debt limit. it is expected to pass despite republicans coming out against that move. where does the republican party stand? that's what kevin mccarthy is

talking about today. what is going forward right now we didn't want to give any long-term debt limit. what we are saying is here is the senate who has not produced a budget. your listers know it but not many across the senate. the ipad wasn't even introduced yet they have already gone through three different versions. we are doing a short term moving the debt limit bapast the deadline. the most responsible thing any elected officials do is a budget. we move it to there too you don't if as the budget you don't get paid. thighs cuts go into effect the first of the month. >> you heard him talk about not getting pailed. it would withhold the pay for law americas if congress failed to pass a budget.

it is burning, it stings. a third of the country gripped people waking up to what feels like an icebox. the weather blamed on at least four deaths. for more on the weather let's go maria molina she is talking about more than cold temperatures. >> good morning. we are seeing a lot of snowfall actually especially downwind of the great lakes. you get the cold air going in the great lakes and significant snowfall accumulations. it is across places in up state new york and in pennsylvania and erie. we are still expecting to see more snow today. we have lake-effect warnings in effect also advisories. talk about several more inches. in some places by the time the lake-effect snow is over as we head into later on today you are talking three feet of snow on the ground out there. that cold air is in place as

well. we have windchill advisories and warnings some places could be looking at windchill temperatures. 35 degrees below zero. that's dangerous. when you talk about frostbite hypothermia, really bundle up. for today you are seeing temperatures in new york city. 34 degrees for the high temperature. that's the warmest in the city of dc single digits over minneapolis and international falls. 10 below zero moderating across portions of the mid best. still cold along the i 95 corridor. that's the story as we head over to friday. we could be seeing snow across northeast by friday. >> you are from florida. how do you like the cold weather? >> i am going to send you a picture from the beach friday. >> rub it in a little bit. >> if it is this cold we might as we will have the snow. >> it is time now to entertain this. veteran news woman barbara walters remains hospitalized today with a fever after she fell last weekend in washington.

she tripped on a step in the british ambassador's house and cut her forehead. as a result she did not cover any of the inauguration if he is tiffities. doctors say they want her to take it easy. shakira is now a mom. soccer star gerard has welcomed the birth of a child a baby boy named milan. super model kate upton sexy super bowl ad. ♪ ♪

>> little more hokey than it is sexy. okay. that commercial will air during the super bowl sunday february 3rdrd. the guys won't be complaining. >> if you weren't awake you are now. >> the girls think it's hokey, the guys love it. >> it is game one for shawn payton. the head coach for the saints reinstated after a season long suspension over the pay for pain bounty. he feels like he learned from his mistakes and is ready to move forward. football fans from home get to see the first down imaginary yellow line. you know when you see this at home that could become part of the experience at the stadium as well. it will display a first down line on the field for fans at home and in person. the league is not quite sold on it but that doesn't mean it won't happen. i love watching that. it's so simple. >> it is only a game, serena. she is taking out frustration ons her racket at the australian

open. she destroys it during her quarter final match against teenager sloan stevens. stevens scored the upset. >> it is now 20 minutes until the top of the hour. a little girl called a murderer and kicked out of the classroom all because she accidentally brought this paper gun to school. her story coming up. >> a paper gun. >> okay. we will tell you about that. >> plus a really close call a near collision on the runway just as the plane is set to take off.

>> it is 44 after the top of the hour. let's span the globe and see what tostories are making headlines overseas. coria threatening to ban the nuclear program. they condemn the country's rocket launch last month.

the council expanded existing u.n. saipgsinkses. a speeding plane comes within inches of that woman on the runway. fortunately she was all right as well as the person on the bicycle. we still don't know why the two were there on the runway. sounds like you are having fun, though. ireland where one county just passed a law to allow drinking and driving. they will issue special permits for people who live in rural areas to drive home after they have had a few drinks. heather p on the wind de roads. >> narrow and windy. doesn't sound too safe to me. listen to this story coming up. an elementary school student was yelled at in front of her entire class. why? because she pulled out a simple piece of paper that the school says it looks like a gun. it's a piece of paper. her mother thinks the school administration took things way

too far. dave went to the school to investigate. >> called me a murderer. >> that's what melanie valentin say classmates are calling her at the school in south philadelphia. she pulled out a paper gun and administrators scolded her in front of the class. her mom says staff even searched her with other kids watching the whole time. >> i am waking up at 3:00 in the morning and my daughter is in the bathroom crying. she said i am having nightmares i am having dreams he is chasing me down the street. >> the paper gun looked something like this. it was made by melody's grandfather the day before. melody said she put it in her pocket and forgot about it until she got to school the next day. she went to throw it away but a boy saw it and called administrators. one of them woefrnt board. >> he yelled at me and said that i shouldn't have ever brought the gun to school. i kept telling him it was a parp

gun but he wouldn't listen. >> why did he threaten my daughter. why did he stand over her you should call the top kopps on her you could be arrested. >> i called the school district several times for a comment calls to the administrator were made but not returned. wint to the headquarters for answers. the district is looking into the matter and can't comment further. diana kelly says she is been keeping her daughter out of the school. >> i don't want my child in that school. >> that was in south philadelphia. that was wtxs dave ven kitchen reporting. time is now 10 minutes -- 15 minutes before the hour. does your boss get annoyed by your hair style? dr. keith ablow is here to determine whether it is. >> you could soon be fired from your job before of your habit. we will explain. first let's go to brian kilmeade.

>> one of the days ask you to check the rundown and you can preview the show. until then i will take over. great show from you guys. first off we know about hillary clinton. she will be testifying about what took place in benghazi. we are going to be talking to luke perry the one guy i know for sure is cooler than me. what can we believe in any more? first manti te'o's girlfriend. she doesn't exist. lance armstrong, he cheated. now i can't believe in beyonce because she lip synced the national anthem. i don't know what to do with smief. maybe i will just hunt for big foot all coming up on "fox & friends."

>> good morning. a florida mom is taking security

into her own hands. she is paying 12,000 dollars to have an armed guard at the elementary school. it is the only school in the ditz strike without a security officer on staff. an oklahoma state lawmaker wants to give employers the right to fire smokers. david holt is trying to repeal a current law that protects snoekers from discrimination. it costs companies more money so employers should be able to choose whether or not to offer them medical coverage. >> ainsley what's going on over there. >> plus the question we all ask ourselves from time to time, are you normal or nuts? dr. keith ablow is here to answer our e-mails for us. good morning. >> good morning. >> i love the first one. said my girlfriend and i argued during a walk. she stepped on an unseen surface and twisted her ankle. she says if i hadn't argued with her she wouldn't have slowed down and avoided it. she blames me for the ankle

twist. >> she isn't nuts she loves you. right now if this weren't happening while you were dating it would happen while you are married. >> if she loves him she should say this is not your fault it's my fault. i am not going to blame you. >> the boundaries between them absolved which happens when you commit to someone. which she is saying i want you to take care of me i want you to keep me safe i am hoping you responsible if i trip. you translate it like that otherwise you go crazy when you marry. >> thank you for the trants layings. my wife and i divorced back in 2011. hipped her get her own apartment in my complex to be closer to our kids. am i nuts or believing our friendship will bring our family closer in the long run? >> what could be more normal. this is a pet thing of mine. why do people who embark on the greatest journey who can embark on in life having kids together think they can severe all ties. stay as close as you can.

you know what? it's not about you any more it's about the kids once you decide to do that. >> what happens when she brings home a date or girlfriend. i thi you say he's a fine looking fellow is he going kind to you? >> not always that easy. >> it has to be. >> my supervisor told me the black head band i wear is distracting to her. i have black hair and the head band is a simple black head band with no designs no patterns is this manager normal or nuts. i think i know the answer to this one. >> black on black can be distracting -- she is crazy. that's just not normal. since you are the supervise ee rather than calling her on her ocd, either don't wear the black head band or just note this to human resources say look i am not trying to make trouble but i may be criticized for my shoe laces next i want to register this as something we should watch together.

>> pick and choose your battles. if they are signing your paychecks maybe you should not wear the head band. >> wear a poke awe dot pink one. >> send your questions to dr. ab low at friendsfirst@foxnews.com. he will tell you if you are normal or if you are nuts. >> right away. >> it is five minutes to the top of the hour. coming up on "the rundown" is saying i do driving you to drink? it could be. it's your last chance to answer our question of the day. do you think beyonce was lip synching the inauguration and if you care whether or not she was. we are reading your e-mails coming up next. music: "make someone happy" music: "make someone happy" ♪it's so important to make meone happy.♪it's so ime ♪make just one heart to heart you - you sing to♪

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